ED Legal Letter – July 1, 2015
July 1, 2015
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Court Rules on Standard of Care for Pediatric Patients in “General” EDs
Recent malpractice litigation involved an infant who died of complications of enterovirus infection after being discharged from an ED.
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Unique Legal Risks Posed by ED “Bridge Orders”
The expectation of everyone involved should be that bridge orders are just that — a bridge to fill the gap from when the EP relinquishes care and the admitting physician actively assumes care.
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Simple Actions Before Discharge Can Prevent Some ED Claims
Lack of specific personalized discharge instructions and no indication of the EP’s rationale complicated the defense of a recent malpractice claim involving a 38-year-old woman who presented to an ED with abdominal pain, nausea, and a fever that resolved in the ED.
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High Payouts Make Missed Meningitis Cases Very Appealing to Plaintiff Attorneys
Meningitis claims are likely to be settled, even if the EP’s care was entirely appropriate and well-documented because of the extremely high payouts associated with meningitis cases.
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How Can Emergency Physician Counter Patient’s Claim that Exam Was Rushed?
Documentation showing the patient appeared well before discharge can make or break a case.
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Informed Consent Can Become an Issue During ED Medical/Malpractice Litigation
While EPs often fail to discuss risks of treatments and interventions, their failure to obtain diagnostic tests is a far more common allegation in malpractice lawsuits.
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Diagnostic Tests and Disposition Decisions
Using some type of simulation can identify opportunities for improvement before arriving at the point where a near miss or event occurs.